{"title":"The Death of Criticism: Moral Rights v Fair Dealing in the Indian Context","authors":"","doi":"10.56042/jipr.v28i3.710","DOIUrl":"https://doi.org/10.56042/jipr.v28i3.710","url":null,"abstract":"","PeriodicalId":39166,"journal":{"name":"Journal of Intellectual Property Rights","volume":"38 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70707392","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-01DOI: 10.56042/jipr.v28i5.3188
Nanotechnology is an evolving branch of science. It is one of the most promising and radical new technological frontiers. Being a hybrid of chemistry and engineering, nanotechnology holds some peculiarities that cause special problems for the application of patent law. India looks forward to develop in every field of Science and Technology including nanotech, and aspires to hold Intellectual Property rights in it. In 2016, India ranked 3rd in the nanotechnology publications after China and USA. The patenting process in nanotechnology is there but yet to increase in favour of domestic applications at the Indian Patent Office coupled with the lack of Indian case law on the subject makes the discussion on the Indian patent regime and nanotechnology most pertinent. Indian Patent Law when applied to the field of nanotechnology raises a number of concerns and difficulties in terms of grant of patent. Therefore, it is necessary to carefully consider whether the Indian Patent System offers a favourable environment for the growth of nanotech industry by motivating patent protection in India. In this research paper, the authors have addressed one specific issue that is of the impact of Section 3(d) of the Indian Patent Act, 1970 on the nanotechnology patent applications in India. The authors propose an amendment in Section 3(d) of the Indian Patent Act, 1970 and some steps that the patent office could take to promote nanotechnology patenting in India and in turn aid the nanotechnology industry growth in India.
{"title":"Nanotechnology Patent Applications and Section 3(d) of Indian Patents Act, 1970: An Empirical Research","authors":"","doi":"10.56042/jipr.v28i5.3188","DOIUrl":"https://doi.org/10.56042/jipr.v28i5.3188","url":null,"abstract":"Nanotechnology is an evolving branch of science. It is one of the most promising and radical new technological frontiers. Being a hybrid of chemistry and engineering, nanotechnology holds some peculiarities that cause special problems for the application of patent law. India looks forward to develop in every field of Science and Technology including nanotech, and aspires to hold Intellectual Property rights in it. In 2016, India ranked 3rd in the nanotechnology publications after China and USA. The patenting process in nanotechnology is there but yet to increase in favour of domestic applications at the Indian Patent Office coupled with the lack of Indian case law on the subject makes the discussion on the Indian patent regime and nanotechnology most pertinent. Indian Patent Law when applied to the field of nanotechnology raises a number of concerns and difficulties in terms of grant of patent. Therefore, it is necessary to carefully consider whether the Indian Patent System offers a favourable environment for the growth of nanotech industry by motivating patent protection in India. In this research paper, the authors have addressed one specific issue that is of the impact of Section 3(d) of the Indian Patent Act, 1970 on the nanotechnology patent applications in India. The authors propose an amendment in Section 3(d) of the Indian Patent Act, 1970 and some steps that the patent office could take to promote nanotechnology patenting in India and in turn aid the nanotechnology industry growth in India.","PeriodicalId":39166,"journal":{"name":"Journal of Intellectual Property Rights","volume":"125 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135799275","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-01DOI: 10.56042/jipr.v28i5.1422
The fashion industry is principally driven by creation and innovation. The connection that the Global fashion industryhas with Intellectual Property Rights is well documented, however, in India; the comprehensive understanding of the linkbetween fashion and IPR laws is still at a nascent stage. The big fashion houses can exercise control over their creationsthrough the right choice of IPR laws but the local, smaller, and emerging sector is more deserted in protecting theirintellectual assets. Also, ignorance about IPR infringement among fashion firms and a lack of stringent reprimands frompolicymakers have accelerated consumerism among fashion-conscious consumers by serving counterfeiting products,building confusion, and devaluing creativity. This article is segmented into three major parts to shed light on the challengesencountered by small fashion firms, designers, fashion start-ups, and rural textile artisans with respect to protectingintellectual property. The initial segment will give a short insight into the IPR options like copyrights, design registration,patents, and trademark, available for the fashion domain and their applicability, moving towards the specific challengesfaced by the local design houses and craftsmen, and finally compiling the possibility of amendments required in IPR lawsfor the Indian fashion, apparel, and handicraft sectors.
{"title":"IPR and Indian Fashion Industry: Challenges and Possibility","authors":"","doi":"10.56042/jipr.v28i5.1422","DOIUrl":"https://doi.org/10.56042/jipr.v28i5.1422","url":null,"abstract":"The fashion industry is principally driven by creation and innovation. The connection that the Global fashion industryhas with Intellectual Property Rights is well documented, however, in India; the comprehensive understanding of the linkbetween fashion and IPR laws is still at a nascent stage. The big fashion houses can exercise control over their creationsthrough the right choice of IPR laws but the local, smaller, and emerging sector is more deserted in protecting theirintellectual assets. Also, ignorance about IPR infringement among fashion firms and a lack of stringent reprimands frompolicymakers have accelerated consumerism among fashion-conscious consumers by serving counterfeiting products,building confusion, and devaluing creativity. This article is segmented into three major parts to shed light on the challengesencountered by small fashion firms, designers, fashion start-ups, and rural textile artisans with respect to protectingintellectual property. The initial segment will give a short insight into the IPR options like copyrights, design registration,patents, and trademark, available for the fashion domain and their applicability, moving towards the specific challengesfaced by the local design houses and craftsmen, and finally compiling the possibility of amendments required in IPR lawsfor the Indian fashion, apparel, and handicraft sectors.","PeriodicalId":39166,"journal":{"name":"Journal of Intellectual Property Rights","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135799506","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-01DOI: 10.56042/jipr.v28i3.1006
{"title":"Whether Indian Patent Act TRIPs compliant for Pharmaceutical Business: A Case-based approach","authors":"","doi":"10.56042/jipr.v28i3.1006","DOIUrl":"https://doi.org/10.56042/jipr.v28i3.1006","url":null,"abstract":"","PeriodicalId":39166,"journal":{"name":"Journal of Intellectual Property Rights","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70707316","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Industrial Designs and Folklore: A Comparative Study in Indian perspective","authors":"","doi":"10.56042/jipr.v28i4.653","DOIUrl":"https://doi.org/10.56042/jipr.v28i4.653","url":null,"abstract":"","PeriodicalId":39166,"journal":{"name":"Journal of Intellectual Property Rights","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70707473","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-01DOI: 10.56042/jipr.v28i2.1178
Ashok Hemanth, †. Upputuri, Zehra Özkan Üner
Patent is based on the concept of quid pro quo . It requires the applicant to draft the application in such a way so that it satisfies the doctrines of written description, enablement, and best mode. However, in case of AI-related invention, the situation is tricky. Most of the inventions carried out by AI has black box scenario—where the inventor also may not be aware of the fact how the invention was exactly carried out by the AI system. The current study delves into the situation regarding how patent offices in Europe and India are dealing with such scenarios. Focussing on the AI-assisted inventions, the study finds out that in Europe, there is a clear guideline about AI-related inventions. The guidelines are tighter than those of the US. On the other hand, India relies on guidelines on computer related invention.
{"title":"Patent Disclosure Requirement for AI-Assisted inventions: A Comparative Study of EU and India","authors":"Ashok Hemanth, †. Upputuri, Zehra Özkan Üner","doi":"10.56042/jipr.v28i2.1178","DOIUrl":"https://doi.org/10.56042/jipr.v28i2.1178","url":null,"abstract":"Patent is based on the concept of quid pro quo . It requires the applicant to draft the application in such a way so that it satisfies the doctrines of written description, enablement, and best mode. However, in case of AI-related invention, the situation is tricky. Most of the inventions carried out by AI has black box scenario—where the inventor also may not be aware of the fact how the invention was exactly carried out by the AI system. The current study delves into the situation regarding how patent offices in Europe and India are dealing with such scenarios. Focussing on the AI-assisted inventions, the study finds out that in Europe, there is a clear guideline about AI-related inventions. The guidelines are tighter than those of the US. On the other hand, India relies on guidelines on computer related invention.","PeriodicalId":39166,"journal":{"name":"Journal of Intellectual Property Rights","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70706832","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Copyright Law Declared by the Supreme Court of India","authors":"","doi":"10.56042/jipr.v28i2.556","DOIUrl":"https://doi.org/10.56042/jipr.v28i2.556","url":null,"abstract":"","PeriodicalId":39166,"journal":{"name":"Journal of Intellectual Property Rights","volume":"17 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70707255","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Pervasive Effect of Competition Law on Copyright Societies in India","authors":"","doi":"10.56042/jipr.v28i2.592","DOIUrl":"https://doi.org/10.56042/jipr.v28i2.592","url":null,"abstract":"","PeriodicalId":39166,"journal":{"name":"Journal of Intellectual Property Rights","volume":"520 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70707270","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Trademark Law Declared by the Supreme Court of India in Twentieth-Century","authors":"","doi":"10.56042/jipr.v28i4.759","DOIUrl":"https://doi.org/10.56042/jipr.v28i4.759","url":null,"abstract":"","PeriodicalId":39166,"journal":{"name":"Journal of Intellectual Property Rights","volume":"36 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70707493","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Protection of Artificial Intelligence Autonomously Generated Works under the Copyright Act, 1957- An Analytical Study","authors":"","doi":"10.56042/jipr.v28i3.708","DOIUrl":"https://doi.org/10.56042/jipr.v28i3.708","url":null,"abstract":"","PeriodicalId":39166,"journal":{"name":"Journal of Intellectual Property Rights","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70707381","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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